Appearances Required. 8 CCR § 10752

What panels did with this rule

Released decisions that named § 10752, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ17085228 · 2026-02-02 · Pomona District Office8 CCR § 10752

  Determinative passage · p.5Thus, applicant or their attorney is only required to appear at hearings with respect to the case in chief. Any hearings concerning lien claims or cost petitions are not hearings with respect to the case in chief. If the WCJ wished for applicant or their attorney to appear, she was required to specifically order them to appear. Here, the WCJ did not order applicant or their attorney to appear, so no appearance was required.

  The WCAB found that the hearing in question was a lien conference, not a hearing on the case in chief, so applicant's attorney was not required to appear.

  Official decision · page 5 →
• ADJ9984568 · 2025-09-26 · Oakland District Office8 CCR § 10752

  Determinative passage · p.2Defendant challenges the order of the WCJ to have an adjuster or representative present at trial in-person. The WCJ expressly stated in the order "No remote[.]" (Minutes of Hearing, August 29, 2024.) Recently, the Appeals Board issued an en banc decision in Perez v. Chicago Dogs, 2025 Cal. Wrk. Comp. LEXIS 29. In that decision, the Appeals Board made clear that "the due process right to a fair hearing and a determination based on the merits is good cause to allow the electronic testimony of the witness." (Id. at * 17, (emphasis in original).) Here, the purpose of the adjuster's presence is not as a witness, but instead to ensure that defendant complies with WCAB Rule 10752(b), which states: "Each required party shall have a person available with settlement authority at all hearings." (Cal. Code Regs., tit. 8, § 10752(b).) If a testifying party may appear remotely, and in the interests of providing due process to all parties, it would logically flow that a non-testifying party may also appear remotely upon request.

  The Board interpreted this rule to allow electronic appearance with settlement authority instead of in-person appearance.

  Official decision · page 2 →
• ADJ16767852 · 2025-05-09 · Pomona District Office8 CCR § 10752

  Determinative passage · p.2DISCUSSION WCAB Rule 10305(c) states that: "'Appear'" means to act on behalf of any party." Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a).) A WCJ may issue a notice of intention pursuant to WCAB Rule 10832 for failure to comply with this rule. (Cal. Code Regs., tit. 8, § 10752(e), 10832.) Further, WCAB Rule 10832(e) states that "An order with a clause rendering the order null and void if an objection is received is not a Notice of Intention and must be served by the Workers' Compensation Appeals Board." Here, applicant's attorney appeared at the trial on November 16, 2023, and therefore, there was no violation of WCAB Rule 10752(a). As there was no basis for a notice to dismiss, the Order is void ab initio. We also note that since the Order stated that it would be effective if there was no timely objection and without a further order (a "self destruct" order), it should have been served by the WCAB, and the WCJ's choice to designate service to defendant provides another basis for our conclusion that the Order is void.

  Applicant's attorney appeared at trial, so no violation of appearance rule; order was void ab initio and improperly served.

  Official decision · page 2 →
• ADJ14328080 · 2024-10-16 · San Diego District Office8 CCR § 10752

  Determinative passage · p.4The clear language of WCAB Rule 10752, makes no requirement that applicant appear alongside her attorney at hearings. The rule plainly states that either applicant or applicant's attorney shall appear at hearings.

  Applicant's attorney appeared at hearings, satisfying the requirement for appearance.

  Official decision · page 4 →
• ADJ13427485 · 2024-05-14 · Oxnard District Office8 CCR § 10752

  Determinative passage · p.4Where a required party, after notice, fails to appear at a trial in the case in chief: (a) If good cause is shown for failure to appear, the workers' compensation judge may take the case off calendar or may continue the case to a date certain. (b) If no good cause is shown for failure to appear, the workers' compensation judge may issue a notice of intention pursuant to rule 10832, take the case off calendar or continue the case to a date certain. (Cal. Code Regs., tit. 8 § 10756.)

  Applicant's attorney's hearing representative appeared at trial, satisfying appearance requirements, making the NIT and dismissal order void.

  Official decision · page 4 →
• ADJ16767852 · 2024-04-22 · Pomona District Office8 CCR § 10752

  Determinative passage · p.2II. We highlight the following legal principles that may be relevant to our review of the matter. Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a).) A WCJ may issue a notice of intention pursuant to rule 10832 for failure to comply with this rule. (Cal. Code Regs., tit. 8, § 10752(e).) Labor Code section 5803 provides

  The WCJ issued a Notice of Intention to Dismiss for failure to appear at trial.

  Official decision · page 2 →
• ADJ13725819 · 2023-09-29 · Redding District Office8 CCR § 10752

  Determinative passage · p.5Turning to appearances at trial, WCAB Rule 10752, subdivision (a) requires that: "each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief." (Cal. Code Regs., tit. 8, § 10752(a), emphasis added.) Pursuant to WCAB Rule 10305(c), "`Appearance' means a party or their representative's presence, pursuant to section 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c), emphasis added.) Section 5700 provides in relevant part that: "Either party may be present at any hearing, in person, by attorney, or by any other agent...." (Lab. Code, § 5700.) These rules presume that an appearance is made by a natural person,5 whether licensed or not, and that an "appearance" is not made by a legal entity, such as a law firm. That is, because the statutory and regulatory scheme presumes that representation is by a natural person, the appearance requirement also presumes that an appearance is by a natural person. Hence, by the same logic, only a natural person can fail to appear.

  Applicant appeared at trial, satisfying the appearance requirement; a legal entity cannot fail to appear, so the attorney's non-appearance was not a failure to appear.

  Official decision · page 5 →
• ADJ16801627 · 2023-09-15 · Fresno District Office8 CCR § 10752

  Determinative passage · p.1Labor Code section 5700 provides in relevant part that: "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." WCAB Rule 10305(c) states that: "'Appearance' means a party or their representative's presence, pursuant to Labor Code 5700, at any hearing." (Cal. Code Regs., tit. 8, § 10305(c).) WCAB Rule 10752, subdivision (a) requires that: "each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief," and subdivision (d) states in pertinent part that: "Any appearance not required by this rule may be noticed pursuant to rule 10642 or ordered by the Workers' Compensation Appeals Board." (Cal. Code Regs., tit. 8, § 10752(a), (d).)

  Requires parties or their representatives to appear at hearings in the case in chief.

  Official decision · page 1 →